IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120021079
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (BSM).
2. He states, in effect, he was awarded the BSM and it was omitted from his DD Form 214.
3. He provides his DD Form 214 for the period ending 24 June 1969 and a BSM Certificate.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 13 February 1964, the applicant was inducted into the Army of the United States. On 4 February 1966, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR).
3. Effective 13 May 1968, he was ordered to active duty as a member of the USAR. His record shows he served in Vietnam from 22 September 1968 through 22 June 1969.
4. On 24 June 1969, he was honorably REFRAD and returned to the USAR.
5. His record is void of documentation showing he was recommended for or awarded the BSM.
6. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the BSM to him.
7. He provides a BSM Certificate, dated 22 July 1969, showing he received the award for his meritorious achievement during the period September 1968 to August 1969.
8. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. The applicant provides a certificate showing he was awarded the BSM. The sincerity of his claim is not questioned. Unfortunately, possession of an award certificate does not automatically confer entitlement to an award. Absent orders which officially awarded him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show the BSM.
2. The applicant is advised that if he has a copy of the orders awarding him the BSM or official documentation confirming that such orders were published, he may submit a request for reconsideration. If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120021079
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